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overTHEedge

Help with dui case!

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ok, so me and my girl were exchangin words and a cop comes down the street, pulls us aside and i had been drinking. she says i drove my car 2 houses down the street so we could argue down the street. they gave me breathalizor or however you spell it, im only 19, its was .07. legal is .01 but anyways said i was driving so thats how they got me yet me and her were both out the car looking for her glasses i chucked, and she had the keys out of the ignition in her purse...so technically i wasnt driving when we got pulled over. what is the verdict? just say she drove across the street and that she was just hella mad at the arguement? any help 12ozers

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if your under age and drinking.. why in the fuck is your girl going to tell a cop you were???

 

 

verdict? stupid!

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No expert on this topic but cops try to get a statement from you no matter what it is and then hold you to it. If that's the statement you guys gave I imagine you would have a hard time convincing a judge otherwise. I once knew someone who was too drunk to drive home so they pulled over on the side of the road and went to sleep to sober up. They weren't driving when the cop stopped them, they were asleep, and they still got a DUI. With your age, if your record is clean you might get community service or something, plus points off your license?

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^ I was thinking that too. Try to be white also, it helps a lot. Sorry guys, but before anyone hates on it, I'm just stating the truth.

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get yourself a good lawyer.
and a new bitch.. cant believe the hoe didnt have your back

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what if she just gave statement saying she was mad and just wanted to fuck me over but regrets it she was just hella mad adn confused?

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If you werent driving it would probably be a public intoxication charge... and if you took a breathalizer there would be no way it would be a dui.. it would be a dwi.. my vote is shenanigins.. I don't believe you. either that or you need to give us more info.

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thats what happened, but the keys werent out of the car, we and i was in the middle of the street. what the fuck i could still get wet and reckless but still man they didnt see me driving, so how could they give me dui? drunk in public would be better charge in my opinon

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^nope, accoding to the law in most states, even for adults, it is illegal to "drink and drive" even if you're not over the limit. I have met at least 7 people who got DUI with a blood alcohol oh .00... most were pill related but one dude simply admitted to drinking a beer 2 hours before he drove.

 

The cop asked, "So, you were drinking and then you drove?"

He answered, "Yes, but it was blah blah..."

The Judge said the case was over when he said 'yes'

 

Further, DWI is a much stronger charge than DUI though the distinction rarely matters... for DUI you only need to be under the influence while DWI you have to be legally intoxicated.

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i still want to know, if a written statement by her said she lied and that she was driving could the case be dismissed and only get charge with dwi? also what are consequences to a dwi in california?

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DUI = NO BREATHALIZER THEREFORE COULD BE ANYTHING THAT YOU ARE UNDER THE INFLUENCE OF (This is common when you refuse to do a breathalizer,and almost everytime arrested. )

 

DWI =YOU DID A BREATHALIZER AND YOU ARE INTOXICATED DUE TO ALCOHOL CONSUMPTION

 

oh snap, that is the exact same thing you said huh? but if he did fess up to it he screwed himself.

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yep, get a lawyer, be prepared to pay at least $1500 for somebody who will truly argue the extenuating circumstances. You are guilty, accept it, then the lawyer can point that out, also you past, which I hope is mostly spotless and the fact tht you're an upstanding kid who screwed up once and doesn't need his future ruined over a single indiscretion... Expect to get the maximum sentence but hopefully she will with hold adjudication.

 

Go figure out the consequenses on your own, I'm sure Cali has a state website with all that info... 12oz is NOT Google, even though Google Oner is in every post he comes here strictly to relax...

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if you're not an upstanding kid and you have a chequered past with no future prospects then... perhaps jail time.

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personally i think Cali has more on its agenda.. even a sub par lawyer can do this for you for a few hundred dollars. he can even go to court for you. youre fine.. don't be so worried.. your girl is really shady though, that was an immature thing to do.. so is fighting in the middle of the street. so is throwing her glasses. so is driving while drunk.

 

to each their own.

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I know whats going to happen because it happened to me!!!!

 

 

You are going to get a dui and 6 month suspension of your license and a fine no getting around it they dont take kindly to underage drinkers in court.It doesnt matter if you were not driving if they catch you and your drunk and underage they are going to get you with possesion of alcohol or dui no getting around it. it sucks but dont drink next time...

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never take the breath test.. never take any test.. tell hte cop that your lawyer advised you not to

 

 

you can lose your license for a year or you can lose it fora year and pay up to $1000 or more

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you might have a couple of long shot options still...

 

number one, yeah, you admitted to driving, BUT! you didnt admit to drinking BEFORE you drove (hopefully) that argument will probably only work if you take the case to trial (meaning going to court alot more than you are going to have to already, and dropping alot of money on a lawyer.

 

ok, maybe it was only one longshot option...

 

when you go to court the first time, you get the chance to talk to the states attorney, or a prosecutor, some one like that, you MAY get the chance to talk your way out of it, but not entirely, you may be able to plea guilty to a lesser charge, in this case maybe possesion of alcohol by a minor, still shitty, but not nearly as bad as dwi...

 

it all really depends on the RECORDED facts that they have... your statement, and the girls statement count as facts... the breathilizer counts as fact... the only way I can see for getting out of it is saying that you drank AFTER you drove down the street... you had a beer or two while arguing...

 

dwis/duis suck, they dont go easy on you, and if you get convicted of it (at this point you are only charged with it, there is a big difference) you life is going to fucking suck for at least a year...

 

i just went back and reread your post, if the keys were out of the ignition and in HER purse, its shaky ground to actually prove that you were driving based on something besides your statements...

 

 

rawfish didnt study for his sobriety test

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as for refusing the test, in my state, refusing is an automatic 6 month suspension of your licence... however, you can refuse to take it until you have a lawyer present...

 

disclaimer... laws on dw/dui vary state to state... i can only tell you what happens in my state...

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I have a dui.. no big deal.. got license suspended, did a program cost me mad $$ with the lawyer... you should have NEVER taking the breathalyzer irregardless...

 

 

basically get a good lawyer and plead that shit down... and man up and deal with the consequences...

 

 

 

but your girls a fucking rat... when you talk to the police, NEVER say anything incriminating... if you get stopped for drinking, clam up and let the chips fall where they may...

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